Immigration Law
Partner & Family Visa — Stay Together in Australia
Partner visas are among the most scrutinised in the Australian immigration system. From proving the genuineness of your relationship to navigating long processing times and sponsor obligations, the right legal advice at the right time can be the difference between approval and refusal.
⚠ Partner visa processing times can exceed two years — getting your application right from the start matters — submit your request now.
Does This Sound Like You?
Common situations we help with.
Applying for a Partner Visa (Subclass 820/801)
The onshore partner visa (820/801) allows your partner to remain in Australia while their permanent visa is processed. Preparing a complete application with evidence across all four relationship categories — financial, social, household, and commitment — is essential to avoid requests for further information and minimise delays.
De Facto Relationship — Proving It to the Department
Unlike married couples, de facto couples must prove the genuineness and duration of their relationship through documentary evidence. The Department scrutinises de facto applications carefully, particularly for shorter relationships or where the couple does not cohabitate full-time. A migration lawyer can help you compile the most convincing evidence package.
Sponsor Refused Due to Previous Sponsorships
Sponsors who have previously sponsored two or more people on partner visas, or who have been sponsored on a partner visa themselves within the preceding five years, may be ineligible to sponsor. Where sponsorship has been refused, a migration lawyer can advise whether any exceptions apply or whether there are grounds to seek a waiver of the sponsorship bar.
Bridging Visa While Awaiting Partner Visa
Once a valid 820 application is lodged, a Bridging Visa A is automatically granted, allowing you to remain and work in Australia while the application is processed. Understanding your work rights, travel restrictions, and what to do if your bridging visa conditions change is important during what can be a lengthy wait.
Relationship Breakdown While Application Is Pending
If a relationship breaks down during the processing of a partner visa, the consequences depend on the stage of the application. In some circumstances — particularly where family violence has occurred — special provisions under the Migration Regulations allow an applicant to continue to permanent residence without the sponsoring partner. Legal advice is essential as soon as a relationship breaks down.
Offshore Partner Visa (309/100) — Unexplained Delays
The offshore partner visa (309/100) is processed entirely outside Australia and currently has some of the longest processing times in the immigration system. Where delays are unexplained or significantly exceed published timeframes, a migration lawyer can make formal enquiries, lodge a complaint, or in extreme cases consider mandamus proceedings.
How It Works
Bringing Your Partner to Australia — Done Right
Partner visa applications involve strict documentation requirements, long processing times, and significant personal stakes. We connect you with a migration lawyer who will make sure your application gives you the best chance of success.
Submit Your Partner Visa RequestSubmit your request
Tell us about your relationship, your partner's visa status, and any complications such as a previous refusal or sponsorship issue. We match you with a migration lawyer experienced in partner and family visa applications.
Eligibility and evidence assessment
Your lawyer reviews your relationship evidence, sponsor eligibility, and any previous immigration history to identify any issues before the application is lodged. They advise on the strongest way to present your relationship to the Department.
Application preparation and lodgement
Your lawyer prepares a complete and compelling application with properly organised evidence, statutory declarations, and sponsor documentation — and remains available to respond to any Departmental requests throughout the processing period.
2 Stages
Partner visas progress from temporary to permanent — getting the initial application right protects both stages
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
Family Violence
Special provisions protect applicants who have experienced family violence during the visa process
Before You Apply
Practical questions about partner and family visas.
How does the two-stage partner visa process work? +
The onshore partner visa consists of two stages. The temporary stage (subclass 820) is granted first and allows the applicant to live and work in Australia while the relationship is assessed over time. After at least two years (or less if the relationship was established before the application), the permanent stage (subclass 801) is assessed. The Department checks whether the relationship is still genuine and ongoing at the time of the permanent decision — both stages are assessed from the same application.
What evidence of a genuine relationship is required? +
The Department assesses relationship genuineness across four categories: financial aspects (joint accounts, shared expenses, property), social aspects (social recognition of the relationship, joint attendance at events), household aspects (cohabitation, shared domestic duties), and commitment (length and exclusivity of the relationship, future plans). Evidence can include bank statements, lease agreements, photographs, travel records, and statutory declarations from people who know you both.
What are the sponsorship requirements and limits for a partner visa? +
Sponsors must be Australian citizens, permanent residents, or eligible New Zealand citizens aged 18 or over. A sponsor cannot have previously sponsored two or more people for partner visas (subject to exceptions), cannot have been sponsored on a partner visa themselves within the past five years, and must not have a history of certain family violence or child protection concerns. Sponsors are also required to declare they will provide accommodation and financial support for the applicant.
What happens if the relationship breaks down while the visa application is pending? +
Generally, if the relationship breaks down before the visa is granted, the application will not be approved. However, if family violence occurred during the relationship, the applicant may be able to access the family violence provisions in the Migration Regulations, which allow a person who experienced violence from their sponsor to still obtain a permanent partner visa. Applicants in this situation must notify the Department, provide relevant evidence, and seek immediate legal advice.
What evidence is needed for a de facto relationship that is less than 12 months old? +
De facto relationships generally require 12 months of cohabitation to qualify for a partner visa, unless the couple has registered their relationship with a state or territory authority, or there are compelling circumstances (such as a child of the relationship). Where the relationship is less than 12 months old and none of these exceptions apply, you may not yet be eligible — a migration lawyer can advise on alternative visa pathways to keep your partner in Australia while you reach the qualifying period.
How long does partner visa processing take, and can it be followed up? +
Partner visa processing times are among the longest in the immigration system — offshore applications (309/100) have historically taken two or more years. The Department publishes indicative processing times on its website. While processing times cannot generally be shortened by making enquiries, a migration lawyer can make formal representations if the delay is significantly unexplained, if circumstances have changed, or if there is evidence of an administrative error. In rare cases, legal proceedings may be available to compel a decision.
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